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27. Testimony concerning the date when Fontanari voluntarily ceased irrigation <br /> within the permit area, which, with evidence described above and below, would be directly <br /> relevant to the imposition of major civil penalties on Fontanari; <br /> 28. Lay testimony concerning Fontanari's challenge to the Division's assertion that he <br /> intended to "prove a point" with Snowcap coal by irrigating lands within the permit area; <br /> 29. Testimony concerning the discharge monitoring reports of Snowcap and <br /> challenges to the accuracy of the reported data; <br /> 30. Testimony regarding Fontanari's knowledge of the actual amount of water applied <br /> to the irrigated area within the permit boundaries as related to the expert prepared irrigation plan; <br /> 31. Expert testimony concerning the plants, both beneficial and weeds, in the irrigated <br /> areas within the permit area; <br /> 32. Lay testimony concerning the seeding applications by Fontanari prior to irrigation <br /> of the areas within the permit boundary; content of those applications; the intent behind the <br /> applications and supervision of the applications; <br /> 33. Testimony concerning the existence of historical pastures within the permit <br /> boundaries, historical irrigation within those areas, and water rights decrees for those areas; <br /> 34. Testimony by Fontanari regarding where mining has occurred in the permit area, <br /> and, when, and that the areas irrigated were not being reclaimed, having never been mined, other <br /> than the nearby test pits. <br /> 35. Testimony by Fontanari regarding the costs of the installation of the irrigation <br /> system, and why, due to that cost, sprinklers were not immediately installed. <br /> 7 <br />